Virginia Supreme Court reversed trial court ruling on evidence in food poisoning case

In Bussey v. E.S.C. Restaurants, Inc., the Virginia Supreme Court in an opinion by Justice Lemons reversed the orders by the trial court overturning the verdict for the plaintiff in a case where she claimed that she suffered food poisoning on account of bad food at the defendant's restaurant (a Golden Corral).

On the lack of medical testing to prove that the plaintiff suffered a bacterial infection, the Court explained: "We have never required positive proof by scientific testing to establish a factual basis for medical diagnosis and opinion."

The AP had this report about the Court's decision.